How Do Expungements Work?

Posted By Appel & Morse || 12-Apr-2017

Expungement is another way of saying “cleaning up your criminal record.”
It is a court-ordered process during which the legal record of an arrest
or conviction is sealed, or erased from public record. In particular cases,
people arrested for a crime or convicted falsely of a crime may have their
arrest or conviction on file, which can cause these people problems finding
employment or housing. An expungement allows them to live normal lives
without potential employers or landlords running a background check and
finding a criminal record.

In the state of California, only some individuals qualify for expungements.
For example, those who were not convicted of a crime but were wrongly
arrested can request an expungement of their arrest. They can also get
their records sealed by pursuing a certificate of factual innocence. People
also don’t qualify for expungement if they are currently charged
with a criminal offense, if they are on probation for a criminal offense,
or if they are serving a sentence for a criminal offense. Likewise, there
are some crimes that never become eligible for expungement, including
certain sex crimes involving children.

If you were convicted of a misdemeanor or felony offense, you must have
completed probation successfully and kept your record clear by not being
charged with another crime. However, if you were convicted and sent to
state prison, you are not eligible for expungement, even with perfect behavior.

To get your record expunged, the best way to do this successfully is to
consult with an experienced criminal defense lawyer. He or she can help
you determine whether or not you’re eligible, file the appropriate
paperwork within the necessary timelines, and represent you in court at
the expungement hearing.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.